Business Name: I Can't Believe It's Buttercream
Business By texanlostlover Updated 11 Jan 2011 , 1:33am by texanlostlover
Okay, so I know I'm ahead of myself since Texas doesn't allow in-home bakeries yet...I guess I'm just getting hopeful! I was selling cakes (before I realized that it's illegal) under the name "Cakes by Natalie." And I still do an occasional cake for friends. I love doing mostly buttercream cakes, using the awesome smoothing techniques learned here to make it look almost like fondant, so I thought of the name "I Can't Believe it's Buttercream." Any thoughts? Is it too long? Would it be weird/confusing to change my name for the few (really only about 5) repeat "customers" that I have? I already have a free website under the Cakes by Natalie name that I would revamp if/when it becomes legal, so I figured changing my name in conjunction with that wouldn't be too bad. Any input on the name would be great. If it's input on the legal issue, don't bother posting a response, I know that it's illegal to sell in Texas right now, so I'm waiting until it is (hopefully very soon!!!).
You might have some trademark issues there...you're probably safe from the I Can't Believe It's Not Butter people, but there are several live trademarks for I Can't Believe It's Yogurt that cover "restaurant services", some of which are owned by a Texas corporation.
Search the PTO trademark database for more info:
http://www.uspto.gov/trademarks/index.jsp
For some reason my first impression of the name is that you're substituting something FOR buttercream, since I'm so used to hearing the "I Can't Believe" line describing substitute products.
I'm pretty sure the "I Can't Believe It's Not Butter" people would squash that idea in a heartbeat.
You cannot have a name that is too similar to another company. There are a few examples that have been mentioned in previous threads, including the name "Victor's Secret" and anything even close to McDonald's.
I'm pretty sure the "I Can't Believe It's Not Butter" people would squash that idea in a heartbeat.
Actually their trademark covers a relatively narrow product category (vegetable oil spreads), so unless OP started selling baking ingredients wholesale they probably wouldn't have a case.
Of course, Unilever (the TM owner) has very deep pockets and could make things very difficult for OP, even if they lose.
You cannot have a name that is too similar to another company. There are a few examples that have been mentioned in previous threads, including the name "Victor's Secret" and anything even close to McDonald's.
You can't have a name that is too similar to another company in the same field. There are plenty of McDonald's Auto Repair shops out there, and that is perfectly fine unless they try to cause market confusion in bad faith (e.g. using golden arches in their logo).
Actually when I first read your name real quick I thought it said I Can't Believe It's Not Buttercream! Legal issues that may arise aside, I think it's a bit long. Would you consider something like Buttercream Dream, or similar? Whatever you choose, I think your few existing "customers" will not mind the change, especially if you call and explain, and a name focusing on your star ingredient/style sounds more appealing to future customers than the name you were using, in my opinion 
Thanks for the input guys! Good point about the copywrite on the similar names...hadn't thought of that! Guess I'll keep thinking!! That's one bright side to it not being legal yet.
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